By Eben Enasco Kingsley, Benin City
The Edo. State governorship election Appeal sitting in the court of appeal Benin City, Edo state and presided over by Mr Justice M.B.Dongban-Mensen, earlier today began hearing the appeal filed by the Peoples Democratic Party, PDP governorship candidate in the 2016 Edo governorship elections, Pastor Osagie Andrew Ize-Iyamu and his party, the PDP, challenging the ruling of the Edo state elections petition tribunal.
The tribunal had in a ruling delivered by the Chairman of the three-man panel, Justice Ahmed Badamasi, on April 14, 2017, dismissed the petition by Ize-Iyamu and the PDP for lack of merit and affirmed the declaration of Mr Godwin Obaseki of the APC by INEC as winner of the poll.
But Ize-Iyamu and the PDP as the appellants faulted the judgement, which they claimed was against the weight of evidence and urged the court to allow the appeal.
After the opening formalities, Counsel to Pastor Osagie Andrew Ize-Iyamu, the first appellant, Yusuf Ali (SAN) asked the court to rely on the Exhibit C recorded by the second judge at the Edo state elections tribunal to commence the appeal against the tribunal ruling.
His submission was that it carried the actual, correct and true account of what transpired as said by Ize-Iyamu as PW01 addin that, “I submit that the most crucial issue is that the document submitted to the Judges of the appeal from the tribunal weren’t opposed by all counsel to the respondents through counter affidavits and that service on the counsel is not same as serving the panel of judges”.
He cited the cases of Gonze Nig Ltd Vs Merdc (2005)13 NWLR 634, paragraph (3) 943, Page 646 & 653. Nwankwo Vs Abazie 2003 12 NWLR 381 Page 381, Paragraph B-D and said, “I thereby wish that my lordship grant this appeal”.
After listening to the submissions of respondents counsels, Ali (SAN) used the cases cited by, Fagbemi, the counsel to the 3rd respondent to strengthen his points, arguing that section 854 of the constitution isn’t applicable to the appeal.
He concluded that the application holds substance and all issues raised addresses the meat of application.
Among the grounds of appeal are an order setting aside the decision of the tribunal and an order nullifying the return of the second respondent, while declaring Ize-Iyamu as the winner, having scored the highest number of lawful votes cast in the September 28 2016 poll.
The appellants allege that the tribunal judges erred and truncated their (appellants) right to fair hearing by the unequal treatment given to the cases of the parties, “by first finding fault, discrediting, disbelieving and dismissing their petition before considering at all and reviewing the testimonies of the witnesses of the respondents and, thus, occasioning a miscarriage of justice.”
The appellants added that the tribunal also erred in law and truncated their right to fair hearing where, in consideration of their case, it failed “totally” to consider and make any pronouncement on the issue concerning, “whether the second respondent was duly elected by the majority of lawful votes cast” in the election “and if not, whether the first petitioner (Ize-Iyamu) is not entitled to be returned as the Governor of Edo State.”
Court began sitting at about 9:24am, on Tuesday morning, when the 5-member panel of justices chaired by Mr Justice Dongban-Mensen walked into the chambers where counsel to all parties (PDP, APC, INEC) were already seated.
The first appellant and PDP governorship candidate in the 2016 Edo governorship elections, Pastor Osagie Ize-Iyamu, was present in court along with the PDP, represented by Chief Henry Tenebe, the state Organizing secretary, which is the second appellant.
While the 1st Respondent, INEC was absent, both the second and third respondents namely Governor Godwin Obaseki and the APC represented by the Edo state chairman, Mr. Anslem Ojezua were all present.
When the 5-member panel of judges took their seats, Counsel to the first appellant Yusuf Ali (SAN) introduced himself and read out the names of his legal team while the Counsel to INEC, Onyechi Ikpeazu (SAN) Obaseki, Wole Olanipekun (SAN) and the APC Lateef O Fagbemi (SAN) also together with members of their legal teams.
Thereafter the Counsel to the first appellant, Ali (SAN) informed the court about the motions his client already filed, adding that based on the appellant’s argument a motion was filed on the 27th of May 2017.
The first Respondent (INEC) represented by Onyechi Ikpeazu also SAN told the Court that the commission filed a counter affidavit in opposition to the appellant’s motion.
While informing the court that they didn’t file any counter affidavit against the appellant’s motion counsel to the 2nd respondent, Wole Olanipekun, SAN added that they will be engaging them on point of Fagb representing the 3rd respondent informed the court that the APC like INEC equally filed a coun dated 30th Ma
The Edo. State governorship election Appeal sitting in the court of appeal Benin City, Edo state and presided over by Mr Justice M.B.Dongban-Mensen, earlier today began hearing the appeal filed by the PDP governorship candidate in the 2016 Edo governorship elections, Pastor Osagie Andrew Ize-Iyamu and his party, the PDP, challenging the ruling of the Edo state elections petition tribunal.
The tribunal had in a ruling delivered by the Chairman of the three-man panel, Justice Ahmed Badamasi, on April 14, 2017, dismissed the petition by Ize-Iyamu and the PDP for lack of merit and affirmed the declaration of Mr Godwin Obaseki of the APC by INEC as winner of the poll.
But Ize-Iyamu and the PDP as the appellants faulted the judgement, which they claimed was against the weight of evidence and urged the court to allow the appeal.
After the opening formalities, Counsel to Pastor Osagie Andrew Ize-Iyamu, the first appellant, Yusuf Ali (SAN) asked the court to rely on the Exhibit C recorded by the second judge at the Edo state elections tribunal to commence the appeal against the tribunal ruling.
His submission was that it carried the actual, correct and true account of what transpired as said by Ize-Iyamu as PW01 addin that, “I submit that the most crucial issue is that the document submitted to the Judges of the appeal from the tribunal weren’t opposed by all counsel to the respondents through counter affidavits and that service on the counsel is not same as serving the panel of judges”.
He cited the cases of Gonze Nig Ltd Vs Merdc (2005)13 NWLR 634, paragraph (3) 943, Page 646 & 653. Nwankwo Vs Abazie 2003 12 NWLR 381 Page 381, Paragraph B-D and said, “I thereby wish that my lordship grant this appeal”.
After listening to the submissions of respondents counsels, Ali (SAN) used the cases cited by, Fagbemi, the counsel to the 3rd respondent to strengthen his points, arguing that section 854 of the constitution isn’t applicable to the appeal.
He concluded that the application holds substance and all issues raised addresses the meat of application.
Among the grounds of appeal are an order setting aside the decision of the tribunal and an order nullifying the return of the second respondent, while declaring Ize-Iyamu as the winner, having scored the highest number of lawful votes cast in the September 28 2016 poll.
The appellants allege that the tribunal judges erred and truncated their (appellants) right to fair hearing by the unequal treatment given to the cases of the parties, “by first finding fault, discrediting, disbelieving and dismissing their petition before considering at all and reviewing the testimonies of the witnesses of the respondents and, thus, occasioning a miscarriage of justice.”
The appellants added that the tribunal also erred in law and truncated their right to fair hearing where, in consideration of their case, it failed “totally” to consider and make any pronouncement on the issue concerning, “whether the second respondent was duly elected by the majority of lawful votes cast” in the election “and if not, whether the first petitioner (Ize-Iyamu) is not entitled to be returned as the Governor of Edo State.”
Court began sitting at about 9:24am, on Tuesday morning, when the 5-member panel of justices chaired by Mr Justice Dongban-Mensen walked into the chambers where counsel to all parties (PDP, APC, INEC) were already seated.
The first appellant and PDP governorship candidate in the 2016 Edo governorship elections, Pastor Osagie Ize-Iyamu, was present in court along with the PDP, represented by Chief Henry Tenebe, the state Organizing secretary, which is the second appellant.
While the 1st Respondent, INEC was absent, both the second and third respondents namely Governor Godwin Obaseki and the APC represented by the Edo state chairman, Mr. Anslem Ojezua were all present.
When the 5-member panel of judges took their seats, Counsel to the first appellant Yusuf Ali (SAN) introduced himself and read out the names of his legal team while the Counsel to INEC, Onyechi Ikpeazu (SAN) Obaseki, Wole Olanipekun (SAN) and the APC Lateef O Fagbemi (SAN) also together with members of their legal teams.
Thereafter the Counsel to the first appellant, Ali (SAN) informed the court about the motions his client already filed, adding that based on the appellant’s argument a motion was filed on the 27th of May 2017.
The first Respondent (INEC) represented by Onyechi Ikpeazu also SAN told the Court that the commission filed a counter affidavit in opposition to the appellant’s motion.
While informing the court that they didn’t file any counter affidavit against the appellant’s motion counsel to the 2nd respondent, Wole Olanipekun, SAN added that they will be engaging them on point of law.
Fagbemi SAN representing the 3rd respondent informed the court that the APC like INEC equally filed a counter affidavit dated 30th May 2017 against the appellant’s motion.
